OP-ED – Yetunde Babajide.
On Fashion – The headliner…
As the world evolves, our daily lives are shaped by what we see and experience. Fashion, for example, is a universal language, constantly evolving through inspiration, reinvention, and cultural exchange.
The reality is that no one can claim exclusive rights to fashion based solely on inspiration.
The fashion industry, from the golden ages of the biggest fashion icons to the present, thrives on reinterpretation, where designers take cues from history, art, and global trends to create something new.
Intellectual property laws protect specific designs—such as logos, brand names, or patented structures—but the essence of fashion, its fluidity and adaptability, remains open to influence.
Some experts and renowned fashion designers interviewed for this article argue that fast fashion blurs the line between inspiration and imitation, but legal experts emphasize that fashion is not owned—it is shared.
The industry’s greatest icons built their legacies by borrowing, transforming, and innovating.
Therefore, restricting inspiration would be to stifle creativity.
For instance, if someone sees a beautiful design they love and reinvents it for another person, that is the core essence of fashion itself.
Fashion, like food or water, belongs to everyone, and its evolution depends on collaboration, not ownership.
This article stems from a growing trend of bullying behaviors that are increasingly prevalent within Nigeria’s fashion blogging community, where certain emerging designers—often young and lacking formal training—are vocally objecting to any similar designs being produced.
Some assert that every design they create must be attributed to them, and if not, they publicly denounce other designers on social media for producing comparable work.
It is important to highlight that this practice of publicly criticizing and shaming other designers for drawing inspiration is not legally valid.
It exemplifies a bullying strategy employed by contemporary designers who lack the maturity, credentials, or qualifications to substantiate their claims.
In Nigeria, for instance, some designers—who themselves draw inspiration from global trends but refuse to acknowledge this publicly—are now demanding that if another fashion designer creates a similar piece, they must publicly credit them as the “original designer,” even though the designers they are harassing were creating the piece for an entirely different client.
From a commercial perspective, the protection of fashion designs varies based on national laws and the specific characteristics of the design in question.
Typically, copyright does not extend to clothing, as fashion is viewed as a functional item rather than a purely artistic creation like paintings or literature, according to fashion experts interviewed for this op-ed.
Trademarks safeguard logos, brand names, and unique symbols associated with fashion but do not cover the design itself.
In certain jurisdictions, design patents can protect original clothing designs, although obtaining such protection involves a complex application process and can be difficult to enforce.
Fashion naturally evolves, and trends often inspire similar styles. Many designers influence each other—this is normal in the fashion industry.
While direct copying (exact replicas) may be unethical, it is not illegal. Similar designs or inspirations are extremely common.
Asserting that no one can create a comparable gown simply because you designed it first or claiming that thousands of designers in Africa who dare to create a similar design must credit their work to you, is illogical, unrealistic, and legally questionable.
Would that mean no one in the world could ever design something similar? That logic stifles creativity.
Even high-fashion brands pursue legal action only if their designs are copied too closely—not for general inspiration.
If someone watches another designer create a piece—seeing their process, techniques, and choices—and then reproduces it exactly, that can be considered copying rather than inspiration.
However, if the second designer only saw the finished product—without witnessing the actual creation—then it’s more likely inspiration rather than direct copying, as they weren’t guided by the original artist’s method.
This means they sourced their own materials, designed it from scratch, and whether they succeed or not depends entirely on their own effort and skills.
Fashion is built on inspiration, which is why jeans made in Europe can be easily produced in the Americas—with no need for the Americas to credit Europeans, since fashion is an art.
Just as McDonald’s and Wendy’s both create hamburgers, neither owns the concept—they simply brand their versions differently.
The same logic applies to fashion design—inspiration and adaptation are natural.
In the USA, no law grants exclusive rights over a general fashion design, because that would stifle innovation.
Fashion thrives on reinvention, and preventing people from creating similar designs would be absurd.
Fashion must remain open, allowing ideas to flourish, just as food, water, or any essential good exists in a shared world.
You simply cannot continue harassing people over inspiration or employ the help of social media armchair critics to bully other designers, especially when it comes to art.
It is not law unless there is a patent on your creation, and unfortunately, fashion does not automatically fall under that category.
Yetunde B, a contributor to this article, holds an MBA in Strategic Management.
As an entrepreneur and fashionista who has traveled extensively to fashion shows from New York to Milan, Italy, and the Arabian world—the originator of much of this creativity—she advises new designers to focus on advancing their craft and honing their skills rather than engaging in baseless ownership claims that lack legal merit.
Strategically, if you are truly skilled at what you do, people will seek out your creativity even in the midst of the highly competitive world of high fashion.
In fashion, no one person can claim sole ownership over a design.
It is an art, and if someone else can create their own version independently, that defines true inspiration.
Images / Credit / Varyajamyl / Lenaberishaofficail / Reine couture / luminosacouture / Dandgowns /tonathelabel / Rayson Jonathan on Instagram.
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